AG: Obama Lacks Authority Over Transgender Bathroom Policy
South Dakota Attorney General Marty Jackley says President Obama doesn’t have the authority to require schools to allow transgender students to use bathrooms and locker rooms that match their gender identity.
Jackley’s statement came after the Obama administration issued a directive Friday over bathroom access for transgender students.
The guidance from leaders at the federal Education and Justice Departments says public schools must treat transgender students in a way that matches their gender identity, even if their education records or identity documents indicate a different gender.
Jackley says the administration’s directive and threat of lawsuits and withholding of federal education funding “is not a proper approach.” He says he’s discussing action with other attorneys general.
The guidance doesn’t impose new legal requirements, but clarifies expectations for districts receiving federal funds.